Urban Forestry Bylaw

The Council of the City of Weyburn, in the Province of Saskatchewan, enacts as follows:

That Bylaw No. 88-1709 of the City of Weyburn, being a bylaw to regulate the planting, maintenance and removal of shade and ornamental trees on public lands and to establish, regulate and sustain an effective urban forestry program, be amended to incorporate and include the following change:

1. That Section 2, Subsection (4) be deleted and substituted with the following:

4) City Arborist and/or City Engineer – are the designated officials (or their designate) of the City of Weyburn assigned to carry out the enforcement of this bylaw.

CITY OF WEYBURN
BYLAW NO. 88-1709
A BYLAW OF THE CITY OF WEYBURN TO REGULATE THE
PLANTING, MAINTENANCE AND REMOVAL OF SHADE AND ORNAMENTAL TREES
ON PUBLIC LANDS AND TO ESTABLISH, REGULATE AND SUSTAIN
AN EFFECTIVE URBAN FORESTRY PROGRAM

THE COUNCIL OF THE CITY OF WEYBURN, IN THE PROVINCE OF SASKATCHEWAN, ENACTS AS FOLLOWS:

SECTION 1 – SHORT TITLE

This Bylaw shall be known and may be cited as the Urban Forestry Bylaw of the City of Weyburn.

SECTION 2 – INTERPRETATION

For the purpose of this Bylaw, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the content, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word “shall” is mandatory and not merely directory.

1) “City” – is the City of Weyburn.

2) “Council” – is the Council of the City of Weyburn.

3) “Parks Department” – is the Department as designated to have primary jurisdiction over the City of Weyburn Urban Forest.

4) “City Arborist” – is the Parks Planner designated as the qualified official of the City of Weyburn assigned to carry out the enforcement of this Bylaw.

5) “Person” – includes an individual firm, partnership, association, corporation, company, contractor, commission, public utility, or organization of any kind, or their agents or employees.

6) “Street or Highway” – shall include all lands lying between, the so-called property line on either side of all public streets, roads and alleys including planting zones when any part thereof is open to the use of the public as a matter of right, for the purpose of vehicular and/or pedestrian traffic.

7) “Park” – shall include all public parks, passive, leisure, sports, and entertainment parks including playgrounds, sports fields and grounds surrounding City-owned building having individual names.

8) “Public Places” – shall include all other grounds owned by the City of Weyburn.

10) “Boulevard” – means the vegetation strip between a sidewalk footpath, bicycle path or the like and a curb or property line.

11) “Median” – means the centre strip dividing any road or highway.

12) “Tree Lawn” – is that part of a street or highway, not covered by sidewalk or other paving, lying between the property line and that portion of the street or highway used for vehicular traffic usually outlined by a curb.

13) “Public Trees” – means a tree, any part of the trunk of which is on public land, it shall include all shade and ornamental trees now or hereafter growing on any street or any public areas where otherwise indicated.

14) “Private Land” – means any land other than public or City-owned land.

15) “Dripline” – means the outer boundary of an area on the surface of the ground that corresponds to the outer edge of the crown of a tree.

18) “Barrier” – includes any fence, box, frame, guard, or other device placed on, around or near a tree for the purpose of protecting it from injury or harm.

19) “Master Tree Plan” – means the Urban Forestry Master Tree Plan specifying the species of trees to be planted on each of the streets and other public land in the City and their location, and spacing, including a current tree inventory, and development plan.

20) “Specifications” – means the Arboricultural Policy, and Specifications, and Standards Manual for the Care and Maintenance of Urban Trees and Shrubs based on the (I.S.A.) International Society of Arboriculture ethics; its membership consists of professional Arborists, Urban Foresters, Shade Tree and Landscape appraisers dedicated to the perpetuation and advancement of Urban Forestry and the (P.G.M.S.) Professional Grounds Management Society ethics and adopted by the City.

21) “Tree” – means any woody plant of a species which at maturity is usually over four meters and six decimeters (4.6m) or fifteen feet (15′) high, having one or more self-supporting trunks and including the roots, branches, trunk, crown, or any part thereof.

22) “Large Trees” – are designated as those attaining a height of thirteen meters and seven decimeters (13.7m) or 45 feet (45′) or more.

23) “Medium Trees” – are designated as those attaining a height of nine meters and one decimeters (9.1m) or thirty feet (30′) to thirteen meters and seven decimeters (13.7m) or 45 feet (45′).

24) “Small Trees” – are designated as those attaining a height of four meters and six decimeters (4.6m) or fifteen feet (15′) to nine meters and on decimeter (9.1m) or thirty feet (30).

25) “Shrubs” – are designated for special area either in border plantings, buffer zones, foundation plantings or shrubbery islands and black plantings or specimen features.

26) “Perennials” – are designated for special perennial borders, foundation plantings and other specialty plantings in landscapes.

27) “Annuals” – are designated for annual display and flowerbed and border plantings.

28) “Grass” – grass, turf, landscape and grounds maintenance in a professional manner, irrigation, aeration, seeding/sodding and other related disciplines.

29) “Urban Forestry Program” – means a program designed to enhance the appearance of the City, and promote the welfare of its residents by establishment and implementation of an Urban Forestry Master Plan (Master Tree Plan, Master Turf and Landscape Plan, and Specification Policy/Manual).

30) “Utility” – includes the facilities for energy, communications and transportation, the provision and maintenance, whether the facilities are publicly or privately owned.

31) “Work” – includes the installation and maintenance of utilities, the paving or repairing of roads, sidewalks or boulevards, the construction, demolition, replacement of any structure, excavation, landscaping activities, snow removal and grounds maintenance.

32) “Property Owner” – shall mean the assessed owner, as shown on the current assessment roll of the City of Weyburn.

SECTION 3 – POWERS AND AUTHORITY OF THE CITY ARBORIST

1) The City Arborist shall have the authority and jurisdiction to direct, regulate and control the protection, maintenance, removal and planning and planting of all trees growing now or hereinafter in any public area and protection zones within the City and including all City-owned properties outside the City of Weyburn, to insure safety or preserve the aesthetics of such public sites.

2) The City Arborist is also charged with the planning and directing for the development construction toward successful establishment and operation with proper maintenance of a plant and tree nursery for the purpose of supply trees and shrubs for planting on City public lands.

3) The City Arborist may inspect and construction, demolition, excavation or grading site where there is any term or condition in a subdivision agreement or building permit relating to public trees. The City Arborist shall report violations of the agreement or permit to the City Commissioner and Building Inspector.

SECTION 4 – DUTIES OF THE PRIVATE LANDOWNER OR OCCUPANT

The owner of any tree overhanging public land shall prune the branches so that there shall be a clear space of not less than 4.25 meters above the surface of any street or highway, and not less than 2.5 meters above the surface of any sidewalk. Shrubs and hedges shall be kept trimmed up to 30 centimeters from the edge of the sidewalk. New hedges shall be planted not closer than 50 centimeters from a sidewalk. The height of hedges in front and along the side of the property shall not exceed one (1) meter. Corner lot clearances for hedges is a maximum heights of one (1) meter and further a corner lot perimeter shall be kept clear of trees. A residential street is 8.5 meters x 8.5 meters. A highway and residential street intersection 8.5 maters x 15 meters.

SECTION 5 – PUBLIC NUISANCE FROM TREES ON PRIVATE LAND

The Department may declare to be a public nuisance any tree on private land which unduly interferes with the use of any public land, creates a hazard to the life, health, safety or property of the public, or is a source or cause of any disease which may endanger the health of other plants.

Where a tree is declared a public nuisance, the City Arborist may order the owner, servant, occupier or person in charge of the land containing the tree:

a) to disinfect an plants, land, building, vehicles or container;

b) to treat, repair or remove the tree; or

c) to eliminate the condition creating the public nuisance in such manner and within such period of time as the order requires.

Every order under Section 5 shall be in writing and be delivered to the owner, tenant, occupant or person in charge of the land or sent by registered mail his last or usual place of residence, and shall specify that if the public nuisance is not treated and the conditions corrected or removed in the manner or within the time specified in the order, the City may proceed with the treatment or removal of the nuisance at his expense, and shall notify him of his right to appeal the order and of the manner in which to appeal.

Within ten (10) days of the order, the owner, tenant, occupant or person in charge of the land may appeal the order to the City Council or a committee designated by the City Council on the grounds that its requirements are unsuitable or unnecessary, and that the City Council or committee shall hold a hearing. At this hearing, the person appealing, the City Arborist, and any other person specified by the Council or Committee are the parties who may give evidence, call witnesses, appear by Council and cross-examine witnesses.

Wherever practical, the City shall encourage the correction of the condition creating a public nuisance rather than the removal of trees, and for this purpose the City Council shall implement the provisions of Section lV where necessary to achieve this purpose.

The Department may maintain all public trees in accordance with the specifications without prior notice to owners and occupants of land in the vicinity.

Removal Replanting and Replacement of Public Trees

1) Where any public tree has interfered or may interfere with any work, or by reason of damage or disease or for any other reason has endangered or may endanger any person or property, the department may, in accordance with the specifications, do anything to prevent, eliminate remove or repair the interference or danger, provided that in carrying out such work it makes all reasonable efforts to preserve and protect the tree provided that, if removal of the tree is intended, seven days notice will be given to owners of adjoining lands.

2) When public trees are removed, the City shall make reasonable efforts to replace them with similar trees in the same location or, is this is impractical, shall plant more suitable trees in the same location, on adjoining land, or in some other suitable location.

3) If it is necessary to remove a healthy public tree, reasonable efforts shall be made, where practical, to transplant it to another location within the City rather than destroy it.

SECTION 6 – PUBLIC PARTICIPATION

1) Pursuant to Section 5, every notice shall contain a description of the work to be done on the tree, the reasons therefore, its probably effects on the health and appearance of the tree, the date or dates on which the work is to be done. The right of any ratepayer to make objections thereto, the name, address, and telephone number of the person to whom he should address the objections, and his right, if any, to a public hearing.

2) If, within the time period specified in this Bylaw, objections are received, the City Arborist shall consider them and meet and hold discussions with the objectors. If at the expiry of the period for objections, no objections have been received, or all objections received have been withdrawn, the department may do the work on the tree specified in the notice.

3) If, at the expiry at said time period, any objection remains, the objectors may within ten (10) days require the Council or a Committee designated by City Council to hold a public hearing. The City Arborist, any person who has objected in writing, and any other person specified by City Council or its Committee are parties to the hearing and may give evidence, call witnesses, appear by Council and cross-examine witnesses. The decision of City Council or its Committee shall be final.

SECTION 7 – PROTECTION OF TREES

1) In addition to any other protection:

a) Any person responsible for work near any public tree shall protect the tree before the work begins, with a barrier sufficient to ensure the protection of the tree and shall maintain the barrier in good condition so that it can perform its function. Segments of the barrier shall be attached to each other and not to the tree. All building material, soil and other debris should be kept outside the barrier.

b) All below-ground utilities shall be installed by tunneling at a depth and in a manner which will prevent or minimize injury to trees.

c) when a utility trims public trees or does other work which may affect them, the work shall be limited to the actual necessities of the service of the Utility, and shall be done in a neat a workmanlike manner and in accordance with the International Society of Arboriculture standard specification described for Utility Line Clearance operations. The City Arborist should be notified for general supervision or technical assistance if required.

2) Movement of Structures:

a) Every person who intends to move any buildings or other large structure using a highway or street, in any park or on other public land within the City, shall obtain a moving permit for the City Building Inspector which shall contain a clause in reference to the protection of trees, a duly signed copy of the moving permit shall be delivered to the City Arborist at least one day prior to engagement of project.

b) Where consent is given to remove any public tree, the person to whom consent was given may be required to plant one or more trees of the type and size at a location or locations and within a time specified by the City Arborist.

c) The person given consent shall restore the affected area to a condition satisfactory to the Urban Forestry Department, Standards and Performance Manual.

d) In event that any of the conditions is violated the consent of the City Arborist is deemed to be withdrawn and any future work which would have been an offence under this Bylaw, if done without consent, is an offence

NOTE: SECTION 7 does not apply in any case of emergency or immediate necessity where work is done to protect the life, health, safety or property of the public.

SECTION 8 – EXEMPTION

Notwithstanding any provisions for public participation, notice or consent in this Bylaw, where a tree upon investigation appears to the City Arborist to be in a condition creating an immediate hazard to any person or property, the Parks Department may remove it or do other work to it after making reasonable efforts to notify the owner or occupant of the property, without any written notice, consent or hearing.

SECTION 9 – ENFORCEMENT

1) No person shall hinder or obstruct the City Arborist, his delegate or any representative of the Parks Department in the course of his duties, carrying out the execution or enforcement of this Bylaw; or furnish him with false information or refuse to furnish him with information.

2) Any person who causes or permits any activity which injures or may injure any public tree shall forthwith notify the City Arborist.

3) Where in person in contravention of any provisions of this Bylaw or by failure to comply with an order or any term or condition of a permit, injuries or damages any land, water, property or plant life, the City Arborist, where he/she is of the opinion that it is in the public interest to do so, may order that person to do all things and take all steps necessary to repair the injury or damage.

4) Where a person to whom an order or permit is directed or issued under any section of this Bylaw, does not comply with the order or permit, the City Arborist may cause the necessary work to be done and charge such person with the cost thereof, which may be recovered with costs in any court of competent jurisdiction.

SECTION 10 – PROHIBITED ACTIVITIES

1) No person shall, without first obtaining the consent of the City Arborist, cause or permit any activity which may injure any public tree.

2) Notwithstanding the generality of the provisions of Subsection 1), the following are hereby declared to be activities which, in the opinion of Council are objectionable or may injure any public tree, and are hereby prohibited, and no person, without first obtaining the consent of the City Arborist, shall cause or permit such activities.

a) removing, spraying, fertilizing, pruning, disturbing, cutting above or below ground, or altering in any other way, any public tree or other cultivated plant species, including turfs and grass.

b) depositing, placing, storing or maintaining on public or private land any stone, brick, sand, concrete, soil or other materials or equipment which may impede the free passage of water, air or nutrients to the roots of any public tree; or other cultivated plant species, including turf grass.

c) marking, breaking, removing bark, or lifting turf grass or in any other way defacing or damaging any public plant life or property.

d) fastening any sign, bill, notice, wire, rope, nail, cover or any other object to or around, through or over any public tree or other cultivated plant species, including turf grass in any manner, except a plaque or other identification of outstanding improvement or heritage of the Urban Forest.

e) causing or permitting and gaseous, liquid or solid substance which is harmful or toxic to public trees or other cultivated plant species including turf grass to come in contact with them.

f) raising or lowering the grade level or altering the drainage pattern in a manner which may interfere with access of water, air or nutrients to any public trees or other cultivated plant species, including turf grass.

g) attaching any material to or leaving any material against any public tree and/or covering any other cultivated plant species including turf grass when work is being done in the vicinity;

h) removing or interfering with any barrier, marker, guard, grate on or about any public tree and/or any other cultivated plant species including turf grass.

SECTION 11 – VIOLATION AND PENALTY

Any person, firm, or corporation violating or failing to comply with any of the provisions of this Bylaw shall be guilty of misdemeanor, and upon conviction thereof shall be fined a sum of no less than one hundred and fifty dollars ($150.00) nor more than five thousand dollars ($5,000.000) or may be imprisoned for a term of not exceeding ninety (90) days, or both a fine or without costs and imprisonment.